BOARD02232

• Board Meeting Date: 7/20/2004
• Description: ISF Section - Rulemaking Hearing - Proposed Changes to ISF Rules 6g and 6i
• Board Meetings - Doc Type: Memo

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BEFORE THE COLORADO WATER
CONSERVATION BOARD

IN THE MATTER OF THE PUBLIC RULEMAKING
HEARING FOR CONSIDERATION OF AN
AMENDMENT TO RULE 6g OF THE RULES
CONCERNING THE COLORADO INSTREAM
FLOW AND LAKE LEVEL PROGRAM

... COURT USE ONLY ...

MacDougall. Wold ridge & Worley, P,C.
Julianne M. Woldridge, Reg. No. 17772
530 Communication Circle. Suite 204
Colorado Springs. CO 80905-1743
Phone: [phone]
EMAIL: [e-mail]

SUPPLEMENTAL COMMENTS OF UPPER ARKANSAS WATER CONSERVANCY
DISTRICT

The Upper Arkansas Water Conservancy District ("UAWCD"). by and through its
counsel, submits the following supplemental comments for consideration by the CWCB
in the rulemaking procedure to amend Rule 6g. of the Colorado Instream Flow and
Natural Lake Level Program, which comments are in response to the Comments of
Colorado Water Conservation Board's Staff filed in this matter:

1. UAWCD requested that CWCB's procedures require more detailed
information from an applicant than "a reasonable estimate of the historic consumptive
use", Although there is a provision for the State and Division Engineer's to request
more information. as pointed out in the Staffs comments, UAWCD believes it best
serves CWCB's directive if such information must be submitted to the CWCB,

2, UAWCD requested that the rule be amended to require that CWCB make
a determination that the loaned water "is necessary to preserve the environment to a
reasonable degree", which is the requirement of C.R.S, 937-92-102 (3), Staff
commented that such was not necessary as "ISF Rule 6e", implements this statutory

13972-63C j:\UAWCDlCWCB suppl comments